Does section 954 of the California Code of Civil Procedure allow for a conviction for receiving stolen property to be included in the criminal record?
California, United States of America
The following excerpt is from People v. Allen, 21 Cal.4th 846, 89 Cal.Rptr.2d 279, 984 P.2d 486 (Cal. 1999):
22. It is true that "despite the seemingly absolute language of section 954," courts have long recognized "an exception to the general rule permitting multiple convictions," to wit, when one offense is necessarily included in the other. (People v. Ortega (1998) 19 Cal.4th 686, 692, 80 Cal.Rptr.2d 489, 968 P.2d 48.) We see no reason, however, to carve out an additional exception for burglary and receiving stolen property.
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